Motion dismissed in capital murder case of former USBP agent

A motion to suppress filed in the case of a former US Border Patrol agent accused of killing a woman and their son has been denied.

On Wednesday afternoon, 49th District Judge Joe Lopez said that after considering the testimony of all witnesses, arguments and submissions made, the motion to strike will be denied.

In mid-March, Ronald Anthony Burgos-Aviles’ defense filed a motion to suppress all oral statements made by him during his “custody interrogation” which took place on April 9 and 10, 2018. Burgos-Aviles has was charged with capital murder. of one person under the age of one and capital murder of multiple people in the deaths of Grizelda “Grey” Hernandez, 27, and Dominic Alexander Hernandez, 1.

The defense mentioned that Burgos-Aviles was taken into custody without sufficient probable cause.

In closing argument, Chief Assistant District Attorney Marisela S. Jacaman pointed out that Burgos-Aviles found Hernandez’s body. Moments later, authorities would find Dominic. The boy was believed to have been transported using a stroller. Indeed, a stroller was found at the scene, Jacaman said.

Authorities also discovered a white Mercedes in the Father McNaboe Park parking lot belonging to Hernandez’s sister. The sister then told police that on the morning of April 9, 2018, Hernandez drove in the white Mercedes to meet the baby’s father at the park and that the person Hernandez was meeting was a Border Patrol agent.

Hernandez had taken Dominic away, according to police. Authorities learned that the person Hernandez was meeting was “Anthony Burgos.”

Instead of giving his full name, Burgos-Aviles tried to keep this information. It wasn’t until authorities checked his driver’s license that officials learned Burgos-Aviles’ full name, Jacaman said.

“It was a deliberate non-disclosure of information,” she added.

The evidence included statements by Burgos-Aviles such as “I touched the woman’s body”, “I moved the body” and “I moved the shoes”, Jacaman said. She pointed out that when he met Hernandez, how come he didn’t recognize the child’s mother or her child.

Law enforcement officials at the scene also observed Burgos-Aviles walking to the scene of the crime, kicking a bloody rock, according to Jacaman. She pointed out that Burgos-Aviles was an individual who is in law enforcement and highly skilled in preserving a crime scene.

A major concern arose when authorities discovered that Hernandez had gone to meet the same person who is accused of killing her and their son.

“It is the state’s position that the second all of this information came from the family and was passed through the communication to the Laredo Police Department. All of this information, even though not everyone had all of the information, this arresting officer used a concept of collective knowledge. You definitely had probable cause to detain this individual and even arrest him because it was probable cause,” Jacaman said.

A tentative trial date is set for January. Prosecutors are asking for the death penalty.